9/25/1995MINUTES OF A
REGULAR MEETING
OF THE CITY COUNCIL
OF THE
CITY OF ROLLING HILLS, CALIFORNIA
SEPTEMBER 25,1995
CALL TO ORDER
A regular meeting of the City Council of the City of Rolling Hills was called to order by
Mayor Pernell at 7:30 p.m., in the City Council Chambers at City Hall, 2 Portuguese Bend
Road, Rolling Hills, California.
ROLL CALL
Councilmembers Present: Heinsheimer, Hill, Mayor Pro Tem Murdock and Mayor
Pernell.
Councilmembers Absent: Councilmember Lay (excused).
Others Present: Craig R. Nealis, City Manager.
Michael Jenkins, City Attorney.
Lola Ungar, Principal Planner.
Marilyn L. Kern, Deputy City Clerk.
Captain Beth Dickinson, Los Angeles County Sheriff's
Department, Lomita Station.
Chip Scholz, Director of Community Affairs,
Browning-Ferris Industries.
CONSENT CALENDAR
Matters which may be acted upon by the City Council in a single motion. Any
Councilmember may request removal of any item from the Consent Calendar
causing it to be considered under Council Actions.
a. Minutes - Regular Meeting of September 11, 1995.
RECOMMENDATION: Approve as presented.
b. Payment of Bills.
RECOMMENDATION: Approve as presented.
C. Financial statement for the month of August, 1995.
RECOMMENDATION: Approve as presented.
d. Correspondence from Browning-Ferris Industries regarding tonnage of
refuse, green waste and recyclables collected in the City from July 17 through
September 2, 1995.
RECOMMENDATION: Receive and file.
e. Status report regarding Senate Bills No. 11 (Ayala), No.'s 936 & 1066
(Campbell) and No. 1073 (Costa).
RECOMMENDATION: Receive and file.
Councilmember Hill moved that the City Council approve the recommendations
contained in the Consent Calendar. Mayor Pro Tem Murdock seconded the motion which
passed unanimously. (Mayor Pernell and Councilmember Heinsheimer abstained from
voting on the Minutes of September 11, 1995.)
PLANNING COMMISSION ITEMS
RESOLUTION NO. 95-12: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING SITE PLAN REVIEW APPROVAL TO
PERMIT THE CONSTRUCTION OF A NEW SINGLE FAMILY RESIDENCE IN
ZONING CASE NO. 528
MR. AND MRS. H. ROGER RIZI, 23 PORTUGUESE BEND ROAD (LOT 88-RH)
City Manager Nealis presented Resolution No. 95-12 relative to Planning Commission
action on Zoning Case No. 528. Hearing no objection, Mayor Pernell ordered that
Planning Commission Resolution No. 95-12 be received and filed.
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RESOLUTION NO. 95-14: A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS GRANTING A CONDITIONAL USE PERMIT FOR
JOINT POWERS TRANSIT AUTHORITY LIMITED USES IN ZONING CASE NO.
532, PALOS VERDES PENINSULA UNIFIED SCHOOL DISTRICT, 38 CREST ROAD
WEST (WESTERN PORTION OF LOT 72-RH).
City Manager Nealis reported that the Planning Commission has not completed their
deliberation regarding this item and recommended that it be continued until Monday,
October 23, 1995. Hearing no objection, Mayor Pernell ordered that this item be continued
to the regularly scheduled meeting of the City Council to be held on Monday, October 23,
1995.
TRAFFIC COMMISSION ITEMS
None.
PUBLIC HEARINGS
PROPOSED ADOPTION OF AN URGENCY ORDINANCE AND INTRODUCTION
OF A NON -URGENCY ORDINANCE ESTABLISHING JOINT POWER TRANSIT
AUTHORITY LIMITED USES AS A CONDITIONALLY PERMITTED USE IN THE
RA -S-2 ZONE, AMENDING TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE,
AND DECLARING THE URGENCY THEREOF.
City Manager Nealis recommended that this public hearing be continued until Monday,
October 23, 1995, as it relates to Zoning Case No. 532 which has not yet been acted on by the
Planning Commission. Hearing no objection, Mayor Pernell ordered that the public
hearing be continued to the regularly scheduled meeting of the City Council to be held on
Monday, October 23, 1995.
OLD BUSINESS
CONSIDERATION OF A REQUEST FROM THE ROLLING HILLS TENNIS CLUB
FOR TREE TRIMMING/REMOVAL ADJACENT TO TENNIS COURT NO. 1.
City Manager Nealis presented the staff report outlining the background relative to the
request from the Tennis Club to trim or remove eucalyptus trees adjacent to court number
one. He also reported that neighboring property owners have written letters objecting to
the removal of these trees. City Manager Nealis outlined the Citywide Newsletter public
meeting notices as they differ from Public Hearing notice requirements.
• Mr. Bob Kerr, President, Rolling Hills Tennis Club, reported that several tennis players
expressed concerns relative to debris from the eucalyptus trees falling onto court
number one and that this prompted the request that the City trim or remove these
trees.
In response to Mayor Perriell, City Manager Nealis stated that staff solicited bids from local
tree trimming contractors to trim or remove the trees. Mayor Pernell stated that he
wanted everyone in attendance to be assured that no decision has been made as to whether
the trees would be trimmed or removed. He explained that the City Council was looking
for possible alternatives toward a more permanent solution, and had therefore sought the
involvement of the adjoining property owners. Mayor Pernell also reported that the
Rolling Hills Community Association has indicated that according to Article 1, Section 11
of the Community Association Deed Restrictions, that a permit must be obtained from the
Association in order to trim or remove any tree over twelve feet tall.
Mayor Pernell explained that the City leases the tennis courts and riding rings to the
Community Association and that according to the Lease Agreement, the Association is
responsible for facility maintenance and the City is responsible for landscape maintenance.
He also explained that the Tennis Club and Caballeros have also taken on some
maintenance responsibility for these facilities.
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In response to an alleged conflict of interest relative to this issue as a Tennis Club member,
Mayor Pernell stated that this has been discussed with the City Attorney and he has
advised that no conflict exists and that.he, maywfully participate on this matter.
• Mr. Dave Oberman, 1 Acacia Lane, indicated that he has played tennis on these courts
and stated that court number one is not the only court where debris falls from trees and
other plants. He stated that trees are an important value of this community and is
prepared to file a lawsuit if the City Council does not take into consideration the impact
of the trees on the value of properties surrounding the tennis courts. He further stated
that it is not his intention to file a lawsuit, but to work together to find a mutually
agreeable solution. In response to Mayor Pernell, Mr. Oberman explained that if these
trees were removed, his privacy and his property value would be greatly impacted. Mr.
Oberman stated that he does not object to the trees being trimmed as long as it is done is
an aesthetically pleasing manner.
• Mrs. Beth Keesal, 4 Portuguese Bend Road, stated that she objects to the removal of any
trees. She indicated that she feels that tees add to the beauty, peace and quiet living in
Rolling Hills. She also stated that they act as a sound barrier. Mrs. Keesal stated that
she does not object to the trimming of the trees.
Mayor Pernell explained that he feels that the Tennis Club would like to resolve this
matter as amicably as possible.
• Mrs. Cindy Oberman, 1 Acacia Lane, suggested that the trees be scheduled for trimming
prior to their blooming season on a regular basis each year. She indicated that this
represents an ongoing solution and would prevent severe trimming of the trees. She
also suggested that the area surrounding the tennis courts also be maintained.
In response to Mrs. Oberman, City Manager Nealis explained that the Community
Association schedules the use of the courts and provides scheduled maintenance. He
stated that it is his understanding from discussions with the Association Manager that the
courts are blown and/or sprayed once per week as work schedules permit. City Manager
Nealis stated that the area surrounding the tennis courts is currently left in a rural
condition.
Councilmember Heinsheimer suggested that eucalyptus trees are normally cut back in the
fall due to their susceptibility to beetle infestation. Councilmembers concurred that
trimming the trees on a regular schedule would be beneficial. In response to Mayor Pro
Tem Murdock, Mr. Oberman indicated that he would prefer that the trees be trimmed in
the most aesthetically pleasing manner as possible.
• Mrs. Hillary Post, 1 Acacia Road, questioned whether the City Council was considering
trimming the trees just this year or on an ongoing basis.
In response to Mrs. Post, Councilmember Heinsheimer suggested that the City Council
consider a regular trimming maintenance schedule. Mr. Oberman stated that this would
be acceptable to him as long as the trees are not cut back to stumps. He also stated that he
feels that the tennis courts should be swept and maintained on a regular basis as well.
Mayor Pernell suggested that the neighboring property owners make a recommendation as
to how they would like for the trees trimmed with input from the Tennis Club,
Association, and the City's Landscape Consultant. Mrs. Oberman stated that she would
like to be present when the trees are trimmed and volunteered to supervise the trimming.
Discussion ensued regarding a letter received from the Association relative to Article 1,
Section 11 of the Deed Restrictions. Councilmembers concurred that once an agreeable
trimming solution was reached by the parties involved, the City. would apply for
permission to trim the trees from the Association.
Councilmember Heinsheimer moved that staff be directed to work with the Tennis Club,
neighboring property owners, City's landscape consultant, Community Association and
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Travers Tree Service to reach an amicable agreement regarding the specific aesthetics and
volume of the trimming while minimizing any negative health impact on the trees,
subject to the approval of the Community Association Board of Directors in accordance
with Article 1, Section 11 of the Community Association Deed Restrictions and then
proceed with the trimming of the trees with the lowest bidder, Travers Tree Service with
the understanding that there may be a minimal increase in the costs due to a possible
change in the scope of work. Mayor Pro Tem Murdock seconded the motion which carried
unanimously. Staff was also directed to present a report regarding the permanent
maintenance of the trees and grounds surrounding the tennis courts at a future City
Council meeting.
RECONSIDERATION OF A REQUEST BY THE ROLLING HILLS TENNIS CLUB TO
IMPROVE THE AREA NORTH OF THE EXISTING GAZEBO.
City Manager Nealis presented the staff report outlining previous City Council action
relative to this item. City Manager Nealis reported that the Association Architectural
Review Committee has also approved this request. City Manager Nealis explained that the
Mayor authorized reconsideration of this item due to numerous letters from area residents
objecting to the project.
City Manager Nealis indicated that copies of a bid from a general contractor dated
September 12, 1995, from Mr. Walter Gage, 3 Acacia Lane, had been placed before the City
Council this evening.
• Mr. Bob Kerr, Tennis Club President, provided background information relative to the
Tennis Club's request. He indicated that the plans call for a light -weight, six post trellis
to enhance the tennis court gazebo area. He further stated that this trellis would be
screened from neighboring properties. Mr. Kerr stated that the Tennis Club is willing
to work with the City Council and the neighboring property owners to resolve this
matter.
Councilmember Heinsheimer stated that it seems as though the issues of trimming the
trees and improvements to the gazebo area at the tennis courts have been linked together
and questioned whether the Tennis Club would have any objection to holding off on this
project until the tree trimming matter is resolved. In response to Councilmember
Heinsheimer, Mr. Kerr stated that the Tennis Club would have no objection.
Councilmembers discussed the bid received from Mr. Gage. In response to Mayor Pro Tem
Murdock, City Manager Nealis reported that this was not requested by the City and he had
no knowledge of the bid prior to the meeting.
• Mr. Walter Gage, 3 Acacia Road, stated that he requested this bid as a citizen of Rolling
Hills. Mr. Gage expressed concern that as the years have gone by, more and more
improvements have been made to the tennis court area and that neighboring property
owners have not been advised of these improvements by the Tennis Club before prior
to City Council consideration and suggested that area residents receive special
notification in the future. Mr. Gage stated that Rolling Hills residents should not have
to pay for such improvements.
Mayor Pernell explained the City Council Agenda mailed with the Citywide Newsletter
every other week. He suggested that special notification be sent to the neighboring
property owners when an issue involving the tennis courts is brought before the City
Council and urged the Tennis Club to solicit input from surrounding property owners
when considering improvements. Mayor Pro Tem Murdock suggested that the City use
the 1,000 foot radius formula as in Site Plan Review.
Mayor Pernell commented on rumors he has heard regarding a request for lights on tennis
court number one. He stated that there has never been an official request for lighting on
that court and that he feels that there will never be lighting on that court.
• Mr. Dave Oberman, 1 Acacia Lane, expressed concern for the removal of a tree in order
to accomplish the extension of the gazebo area.
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In response to Mr. Oberman, City Manager Nealis explained that the Tennis Club will not
be able to move forward with this project, if funds became available during this waiting
period, because the City would need to approve plans before building permits could be
issued.
Hearing no objection, Mayor Pernell requested that the Tennis Club withhold construction
of the improvements for ninety days to allow time for staff to establish a meeting with
representatives of the Tennis Club, neighboring property owners, Community Association
and staff to discuss the improvements after the tree trimming issue has been resolved.
CONSIDERATION OF A STAFF REPORT REGARDING A NEW AERIAL
PHOTOGRAPH FOR THE CITY COUNCIL CHAMBERS.
City Manager Nealis presented the staff report. Councilmembers discussed the thickness of
the proposed backing material and the recommended location for the photograph.
Hearing no further discussion, Mayor Pernell called for a motion.
Councilmember Heinsheimer moved that staff be directed to proceed with this project
with the lowest bidder, Lung & Associates, in an amount not to exceed $2,853.68 and to
solicit the services of the lowest bidder for framing of the photograph, Bay Cities Frames,
in an amount not to exceed $273.87. Mayor Pro Tem Murdock seconded the motion which
carried unanimously.
CONSIDERATION OF PROFESSIONAL SERVICES TO ASSIST WITH THE
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CITY EMERGENCY
GENERATOR SYSTEM.
City Manager Nealis presented the staff report. Hearing no discussion, Mayor Pernell
called for a motion.
Councilmember Heinsheimer moved that the City Council authorize staff to sign an
appropriate letter agreement with Thomas C. Montague retaining his services to assist
with the preparation of plans and specifications for the City's Emergency Generator System
in an amount not to exceed $1,500.00. Mayor Pro Tem Murdock seconded the motion
which carried unanimously.
NEW BUSINESS
None.
OPEN AGENDA - APPROXIMATELY 8:00 P.M. - PUBLIC COMMENT WELCOME
• Chip Scholz, BFI Director of Community Affairs, addressed the City Council regarding
the collection of recyclables and green waste in the City,.
MATTERS FROM MEMBERS OF THE CITY COUNCIL
• Mayor Pernell reported that the Los Angeles County Sanitation Districts are considering
providing a superfund indemnification program to City's subscribing to certain
practices relative to the collection and recycling of solid waste.
• Mayor Pernell also reported that he and Councilmember Heinsheimer attended the
Grand Reopening of the Peninsula Center Library on Sunday, September 17, 1995.
MATTERS FROM STAFF
None.
MATTERS FROM THE CITY ATTORNEY
• City Attorney Mike Jenkins reported that the League of California Cities has been
reviewing a pending case relative to whether a City has the legal authority to adopt fire
sprinkling requirements that go beyond what is provided for in the uniform codes
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without having to make special findings and outside of the limited time frame when
uniform codes are amended every year. He stated that the League is encouraging cities
to join in an amicus brief in support of the City of Livermore relative to this matter.
The City Council concurred that the City of Rolling Hills should join in this effort.
• In response to Mayor Pernell, City Attorney Jenkins reported on new legislation which
provides for the streamlining of the land use permit application process.
ADJOURNMENT
Hearing no further business before the City Council, Mayor Pernell adjourned the meeting
at 8:50 p.m. to the next regularly scheduled meeting of the City Council to be held on
Monday, October 9, 1995.
Respectfully submitted,
ff
er�.n
Marilyn L. n
Deputy City Clerk
Mayor
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